(1.) Heard Sri. Shiva Sharana Reddy, learned Advocate appearing for petitioners and Sri. Sheshadri Jaishankar M., learned High Court Government Pleader appearing for respondent-State. Perused the records.
(2.) Petitioners have been arraigned as accused Nos.3 and 5 in Crime No.125/2015 registered by Station Bazar Police Station, Kalaburagi for the offences punishable under Sections 143, 147, 148, 302 and 201 read with Section 149 of IPC.
(3.) A complaint came to be lodged by one Maraling on 04.07.2015 at about 5.00 p.m. alleging that on 04.07.2015 at about 2.00 p.m. all the accused persons had caught hold of an unknown person aged about 35 to 40 years and demanded his identity since he was wandering in the locality in a suspicious manner and instead of replying to the same, deceased tried to throw stones on accused and accused persons in turn began to assault the deceased with stones and as such deceased started running and he was chased by accused persons and was caught and tied with a rope to the pole located near Durgha temple and thereafter accused persons started assaulting him with plastic pipe one after other, which resulted in deceased sustaining grievous injuries as a result of which he succumbed to the injuries. It is further alleged that at about 4.30 p.m. accused persons buried the dead body of deceased in a burial ground situated nearby and same came to his knowledge on discreet enquiries which information complainant claims to have gathered through CWs.4 to 9. After registering said complaint, jurisdictional police have investigated the matter and have filed the charge-sheet against accused persons/petitioners for the offences punishable under Sections 143, 147, 148, 302 and 201 read with Section 149 of IPC.